Brother, ur current decree is not valid in India so the question of enforcing it in India does not even arise. Read the judgment mentioned by Adv. Chandrasekhar ji:
“The jurisdiction assumed by the foreign court as well as the grounds on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may be as follows: (i) where the matrimonial action is filed in the forum where the respondent is domiciled or habitually and permanently resides and the relief is granted on a ground available in the matrimonial law under which the parties are married; (ii) where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim which is based on a ground available under the matrimonial law under which the parties are married; (iii) where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties.”
https://indiankanoon.org/doc/989920/
As far as the ground is concerned, Canada does recognize cruelty as a valid ground for divorce but most people do not go via this route since it’s much quicker to obtain divorce by showing one year separation to prove Marriage Breakdown. Although, even if u had applied under cruelty, ur divorce decree would not be valid if ur wife residing in India did not take part in the divorce proceedings.
Remember, u can go ahead and marry in Canada as long as u r never gonna visit India. No one can extradite u on the ground of bigamy because Canada herself is the one who awarded u the divorce decree and u r a bona fide divorced-man as far as the Canadian law is concerned. Remarry in Canada without any worry. Just do not visit India.
In case u r stupid enough to remarry in India and u get booked here for the offence of bigamy: the Supreme Court of India’s view is that a person who has obtained an exparte decree cannot be convicted for bigamy. Although, in this case, the wife who was proceeded exparte against, was a resident of Canada. Read the judgment:
“.. ... ..the complainant Balwant Singh annexed copy of an affidavit filed by Kamaljeet Kaur which states that she was not aware of the divorce proceedings filed by her husband Pashaura Singh. However, from this affidavit, it is apparent that her husband has obtained a divorce judgment. There is nothing in the affidavit that divorce judgment has been stayed or set aside. On the face of the allegations made in the first information report, therefore, ingredients of the offence under Section 494, IPC are not satisfied.”
https://indiankanoon.org/doc/174511/
Nonetheless, in all likelihood, if u remarry in India, u will experience a big time harassment and maybe some jail time too.
The following comment is not fit for a legal forum but it gives me great satisfaction to write it:
If u r stupid enough to ever remarry anywhere, with or without a valid divorce, I hope u get booked under every woman friendly law there is in this world. Since u have failed to learn ur lesson from the first wife, I hope the second wife will set u straight. I hope beggary be ur fate after she is through with u. I hope the government will take coins out of ur pan and give half of them to her. Being homeless and begging in the freezing winters of Canada is a befitting punishment for someone who dared to walk again in the same path where he was once surprised and attacked by the cobras. I hope the cobras will finish the job during their 2nd go.
